WORLD LUNG FOUNDATION-SOUTH ASIA THROUGH ITS PRESIDENT Vs. NEW DELHI MUNICIPAL COUNCIL THROUGH ITS CHAIRPERSON & ORS.

JUDGEMENT

(1.) THIS petition filed in public interest flags the aspect of non -implementation of the provisions of Cigarettes and other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003 (COTPA) and the Rules framed thereunder including the Prohibition of Smoking in Public Places Rules, 2008 (Smoke Free Rules). The particular grievance is that Eating Houses which have been granted licenses, also run Hookah Bars in violation of the COTPA and the Smoke Free Rules. The petition seeks a mandamus to the respondents No. 1 to 5 Municipal Council/Corporation of Delhi to incorporate in the licenses granted to the said Eating Houses, a condition to comply with the COTPA and the Smoke Free Rules and a further direction for cancellation of the said licenses for violation of COTPA and Smoke Free Rules. Similar directions are also sought against respondent No. 6 Ministry of Health and Family Welfare (Department of Health), Government of India, respondent No. 7 Government of National Capital Territory of Delhi (GNCTD) and respondent No. 8 Delhi Police. Action with respect to the Hookah Parlours and Hookah Bars in particular is sought. Notice of the petition was issued. The National Restaurant Association of India (NRAI) applied for impleadment, which was allowed. Counter affidavits have been filed by the respondent No. 1 New Delhi Municipal Council (NDMC), respondent No. 2 North Delhi Municipal Corporation and respondent No. 3 South Delhi Municipal Corporation, respondent No. 7 GNCTD, respondent No. 8 Delhi Police and by respondent No. 9 NRAI to which rejoinders have been filed by the petitioner.

(2.) THE respondent No. 1 NDMC in its counter affidavit has pleaded that vide Circular dated 20th July, 2012 of the office of the Medical Officer of Health, all officials have been directed to implement the COTPA and to impose and collect fines for violation thereof; that though NDMC is not incorporating the statutory provisions of the COTPA and Smoke Free Rules in the terms and conditions of the licenses issued to Food Joints but NDMC takes legal action for violation of the said Rules. It is also pleaded that there are no Hookah Bars operating in NDMC's jurisdiction and no license to run any such Hookah Bar has been given in the said area.

(3.) THE GNCTD and the Delhi Police in their counter affidavit have pleaded that the Licensing Unit of the Delhi Police issues/renews Certificates of Registration under the provisions of the Delhi Eating Houses Registration Regulations, 1980 and on the strength of Health Trade Licenses issued by the Municipalities; that no permission has been granted to any Eating House to operate Hookah Bars/Lounges; that however noticing the alarming trend of increasing popularity of Hookah Bars/Lounges, a clarification was sought from the State Tobacco Control Cell and which has clarified that Hookah/Shisha Bars and Restaurants are public places within the ambit of Section 4 of the COTPA and Section 5 of the Delhi Prohibition of Smoking and Non -Smokers Health Protection Act, 1996, and that smoking is completely banned in public premises and therefore Hookah Bars are violating the said laws. It was further clarified that Hookah is covered under Schedule Tobacco Products mentioned under Section 3(p) of the COTPA. The GNCTD and Delhi Police in their counter affidavit have re -assured that all Deputy Commissioners of Police of various districts in Delhi have been instructed to implement the said laws in all strictness.